You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 131229.

The Dallas Police Department (the "department") received a request for information
regarding a named police officer placed on administrative leave. The requestor is an attorney
and represents the officer who is the subject of the requested information. You claim that
the requested information is excepted from disclosure under section 552.101 of the
Government Code based on the common law right of privacy and Chapter 611 of the Health
and Safety Code. We have considered the exception you claim and reviewed the submitted
information.

The Public Information Act (the "Act") imposes a duty on governmental bodies seeking an
open records decision pursuant to section 552.301 to submit that request to the attorney
general within ten business days after the governmental body's receipt of the request for
information. The time limitation found in section 552.301 is an express legislative
recognition of the importance of having public information produced in a timely fashion.
Hancock v. State Bd. of Ins., 797 S.W.2d 379, 381 (Tex. App.--Austin 1990, no writ).

When a request for an open records decision is not made within the time period prescribed
by section 552.301, the requested information is presumed to be public and must be released.
See Gov't Code §552.302. This presumption of openness can only be overcome by a
compelling demonstration that the information should not be made public. See, e.g., Open
Records Decision No. 150 (1977) (presumption of openness overcome by a showing that the
information is made confidential by another source of law or affects third party interests).
A claim under section 552.101 provides a compelling reason to overcome the presumption.

Section 552.101 excepts from required public disclosure information considered to be
confidential by law, either constitutional, statutory, or by judicial decision. You argue that
disclosure of the requested information would violate the complainant's common law right
to privacy. Information may be withheld under section 552.101 in conjunction with common
law privacy when the information is highly intimate or embarrassing and it is of no
legitimate concern to the public. Industrial Found. v. Texas Indus. Accident Bd., 540 S.W.2d
668, 685 (Tex. 1976), cert. denied, 430 U.S. 931 (1977).

This office has determined that the following information is excepted from disclosure by
common law privacy: the fact that a person broke out in hives as a result of severe emotional
distress, Open Records Decision No. 470 (1987), the kinds of prescription drugs a person is
taking, Open Records Decision No. 455 (1987), and information regarding drug overdoses,
acute alcohol intoxication, obstetrical/gynecological illnesses, convulsions/seizures, or
emotional/mental distress, Open Records Decision No. 343 (1982). See also Open Records
Decision No. 422 (1984) (regarding emotional or mental distress).

After reviewing the submitted information, the documents contain some information that
implicates the privacy interests of the named officer. However, the requestor in the present
case is an attorney representing the named officer and is therefore his authorized
representative. See Gov't Code § 552.229. Thus, the specific information in the submitted
documents that implicates the privacy interests of the named officer is not excepted from
disclosure to this requestor. See Gov't Code § 552.023. We do not believe any other
portions of the information are protected by a right of privacy. Therefore, you must release
all of the requested information to this requestor. If the department receives a subsequent
request for the same information, you should reassert your claimed exceptions again at that
time.

In addition, you argue that certain medical records contained in the information at issue are
protected from disclosure under section 552.101 in conjunction with Chapter 611 of the
Health and Safety Code. Chapter 611 of the Health and Safety Code provides for the
confidentiality of mental health records created or maintained by a mental health
professional. Section 611.002 provides in relevant part as follows:

(a) Communications between a patient and a professional,
and records of the identity, diagnosis, evaluation, or treatment of a
patient that are created or maintained by a professional, are
confidential.

Section 611.001 defines a "professional" as (1) a person authorized to practice medicine, (2)
a person licensed or certified by the state to diagnose, evaluate or treat mental or emotional
conditions or disorders, or (3) a person the patient reasonably believes is authorized,
licensed, or certified. Therefore, you may release these records only as provided by the
statute. Health & Safety Code §§611.004(4), .0045; see Open Records Decision No. 565
(1990). In this case, the requestor represents the patient; thus, with the consent of the patient,
the requestor has a right of access to the records. Consequently, upon receiving the proper
consent by the patient, the department must disclose the records described in section
611.002. See Gov't Code §552.229.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the
full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling. Id. §
552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney. Id. §
552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,
411 (Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.